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DECISION OF THE NATIONAL COMMISSION ON SECURITIES AND STOCK MARKET OF UKRAINE

of July 23, 2024 No. 09/21/902/K03

About approval of Changes in Licensed conditions of implementation of professional activity in the markets of the capital activities on property management for financing of construction objects and/or implementation of real estate transactions

According to Item of 1 part one of article 7 of the Law of Ukraine "About state regulation of the capital markets and the organized goods markets", parts two of article 70 of the Law of Ukraine "About the capital markets and the organized goods markets", for the purpose of reduction of regulatory legal acts of the National commission on securities and the stock market in compliance with the legislation and enhancements of state regulation of professional activity in the capital markets - activities for property management for financing of construction objects and/or implementation of real estate transactions the National commission on securities and the stock market SOLVED:

1. Approve Changes in Licensed conditions of implementation of professional activity in the capital markets - activities for property management for financing of construction objects and/or implementation of the real estate transactions approved by the decision of the National commission on securities and the stock market of February 22, 2022 No. 135, registered in the Ministry of Justice of Ukraine on March 10, 2022 at No. 319/37655, which are applied.

2. To provide to department of methodology of regulation of professional participants of the security market submission of this decision on state registration in the Ministry of Justice of Ukraine.

3. To provide to management of administrative activities promulgation of this decision on the official website of the National commission on securities and the stock market.

4. This decision becomes effective in one month from the date of its official publication, except paragraphs of the hundred twenty first, hundred twenty second subitem of 1 Item 2, of paragraphs of the sixty fourth-sixty eighth subitem of 1 Item 3, of the paragraph of the third subitem 2 Items of 5 changes in Licensed conditions of implementation of professional activity in the capital markets - activities for property management for financing of construction objects and/or implementation of the real estate transactions approved by the decision of the National commission on securities and the stock market of February 22, 2022 No. 135, registered in the Ministry of Justice of Ukraine on March 10, 2022 at No. 319/37655, approved by this decision which become effective since January 01, 2026.

5. Control over the implementation of this decision to assign to the member of the National commission on securities and the stock market Ilyin A. V.

Approved by the Decision of the National commission on securities and the stock market of Ukraine of July 23, 2024 No. 09/21/902/K03

Changes in Licensed conditions of implementation of professional activity in the capital markets - activities for property management for financing of construction objects and/or implementation of the real estate transactions approved by the decision of the National commission on securities and the stock market of February 22, 2022 No. 135, registered in the Ministry of Justice of Ukraine on March 10, 2022 at No. 319/37655

1. In the Section I:

Item 1 after words "types of professional activity in the capital markets" to add 1) with the words "and the list of documents which are filed by the applicant for receipt of the license";

Item 2 to state 2) in the following edition:

"2. In these Licensed conditions terms are used in the following values:

the separate division of the applicant / лицензиата-филиал, other division of the legal entity located out of its location is not included into internal organizational structure and performs everything or part of its functions on implementation of activities for property management, except specialized structural division;

providing continuity of activities availability at the applicant/licensee of the reserve information and communication systems or other effective remedies providing implementation of its professional activity without failures;

the applicant - the legal entity created by the legislation of Ukraine which intends to perform activities for property management also submitted to NKTsBFR the application and the relevant documents for receipt of the license;

failure - unplanned business disruption of the licensee which leads to interruption in provision by such licensee of services including violation of implementation of the functions transferred on outsourcing, and/or violation of functioning or delay in work of information and communication system of the licensee (including transferred to outsourcing) is caused by unavailability of software and hardware complexes, personnel, rooms, service providers or data-processing centers, damage or loss of crucial information or documents, etc.;

the leading official persons persons performing executive functions, and the faces performing supervising functions;

the applicant's head / лицензиата-лицо, performing function of sole executive body, or the chairman of collegiate executive body of the applicant/licensee;

the licensee - the legal entity created by the legislation of Ukraine, having the license obtained in the procedure established by the legislation;

the mediated essential participation ownership in the applicant/licensee which comes if person or group of persons directly or indirectly owns share (shares) in the authorized capital of one or several legal entities in structure of property of the legal entity of the applicant/licensee in such size which provides opportunity to control through this person (these persons) of 10 and more percent of the authorized capital of the applicant/licensee;

persons, the performing supervising functions chairmen and members of the supervisory board (or other body responsible for implementation of supervision of the legal entity according to internal documents of the licensee), other persons having powers on determination of strategy, the purposes and general activity of the legal entity watch process of acceptance of management decisions and control this process;

officials of the applicant / лицензиата-физические persons chairmen and members of the supervisory board or other body responsible for supervision implementation, the chairman and members of collegiate executive body (person performing powers of sole executive body and his deputies), the corporate secretary, the chief accountant, the chairman and members of other bodies of the applicant/licensee, education and which competence are provided by its charter;

permanency of provision of services providing by the licensee of opportunity to interact with the client in the licensee or via any means of communication defined by the relevant agreement signed with the client on permanent basis according to the working schedule of the licensee;

the room part of unobstructed capacity of the building, limited to construction elements, with possibility of entrance and exit which is used by the licensee (including its isolated and/or specialized structural divisions) when implementing activities for property management;

the direct owner of the applicant / лицензиата-лицо which is the owner of share (shares) in the authorized capital of the applicant/licensee;

the public company is:

public joint stock company;

the foreign legal entity who is the issuer of the shares admitted to trading on at least one of the following controlled markets:

New York Stock Exchange (NYSE);

Hong Kong Exchanges and Clearing;

London Stock Exchange (LSE);

Japan Exchange Group;

the controlled markets entering into Nasdaq, Inc.;

the controlled markets of the country entering the European Union;

controlled markets of Switzerland;

specialized structural division of the applicant / лицензиата-департамент, the management, department, the sector etc. which is integral part of internal organizational structure of the applicant/licensee or its separate division and having other location, than the licensee or its separate division;

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